State v. Sparks

After losing a motion to suppress evidence, defendant was convicted of possession of a controlled substance (in this case, methamphetamine), former ORS 475.992(1)(a) (2003), and delivery of marijuana for consideration, former ORS 475.992(2)(a) (2003). On appeal, she argues that the inventory search that led to discovery of the evidence was unlawful and that, in any event, the conviction for delivery of marijuana for consideration should be vacated because that is not the crime for which she was indicted. The state concedes that the search was unlawful and that, therefore, the methamphetamine…